SB357,63,1110
(c) The food pantry distributes food packages directly, without charge, to needy
11households.
SB357,63,1212
(d) The food pantry is open to the general public in its service area.
SB357,63,1513
(e) The food pantry does not base food distribution on any criteria other than
14need of the recipient, except to the extent necessary for the orderly and fair
15distribution of food.
SB357,63,1716
(f) The food pantry has a permanent address, regular hours of operation and
17is open at least one day per month.
SB357,63,1918
(g) The food pantry adheres to the United States department of agriculture food
19safety and food storage standards.
SB357,64,2
20(3) (a) The department shall allocate 25% of the total funds available for grants
21under this section to be distributed, except as provided in sub. (1) (b), among rural
22food pantries that apply and are eligible in proportion to the number of persons
23served by each of those food pantries. Except as provided in sub. (2) (b), the
24department shall distribute the remainder of the grants to all food pantries that
1apply and are qualified in proportion to the number of persons served by each food
2pantry.
SB357,64,63
(b) If any funds remain unallocated, the department shall distribute the
4remaining funds to food pantries that have not received the maximum amount, in
5proportion to the number of persons served by each of those food pantries, but not
6to exceed $15,000.
SB357,64,97
(c) The department may not use more than 5% of the total amount available
8under the appropriation under s. 20.435 (3) (fp) for administration of the grant
9program under this section.
SB357,64,15
10(4) A food pantry that receives a grant under this section shall, not later than
1160 days after the end of the grant period, submit a report, not longer than 3 pages,
12to the department in the manner prescribed by the department by rule, that
13describes how the grant money was used by the food pantry. The department shall
14compile the reports and submit the compiled reports to the legislature under s.
1513.172 (2).
SB357,64,1918
47.03
(3) (d) Any person who violates this subsection shall be fined not more
19than
$1,000 $10,000 or imprisoned for not more than
2 years 9 months or both.
SB357, s. 93
20Section
93. 48.355 (2d) (b) 3. of the statutes is amended to read:
SB357,65,321
48.355
(2d) (b) 3. That the parent has committed
a violation of s. 940.19 (3),
221997 stats., a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or
23(2), 948.025 or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
24federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or (5), 940.225
25(1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) if committed in this state,
1and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or
2in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child
3of the parent.
SB357, s. 94
4Section
94. 48.415 (9m) (b) 2. of the statutes is amended to read:
SB357,65,105
48.415
(9m) (b) 2. The commission of
a violation of s. 940.19 (3), 1997 stats., 6a violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
7948.03 (2) (a) or (3) (a), 948.05, 948.06 or 948.08 or a violation of the law of any other
8state or federal law, if that violation would be a violation of s. 940.19 (2),
(3), (4) or
9(5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (3) (a), 948.05, 948.06
10or 948.08 if committed in this state.
SB357, s. 95
11Section
95. 48.417 (1) (d) of the statutes is amended to read:
SB357,65,1912
48.417
(1) (d) A court of competent jurisdiction has found that the parent has
13committed
a violation of s. 940.19 (3), 1997 stats., a violation of s. 940.19 (2),
(3), (4)
14or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or 948.03 (2) (a) or (3) (a) or a
15violation of the law of any other state or federal law, if that violation would be a
16violation of s. 940.19 (2),
(3), (4) or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025 or
17948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted in
18great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as
19defined in s. 939.22 (38), to the child or another child of the parent.
SB357, s. 96
20Section
96. 48.57 (3p) (g) 2. of the statutes is amended to read:
SB357,65,2521
48.57
(3p) (g) 2. The person has had imposed on him or her a penalty specified
22in
s. 939.64, 1997 stats., or s. 939.641, 1997 stats., or s. 939.62, 939.621, 939.63
,
23939.64, 939.641 or 939.645 or has been convicted of a violation of the law of any other
24state or federal law under circumstances under which the person would be subject
25to a penalty specified in any of those sections if convicted in this state.
SB357, s. 97
1Section
97. 48.685 (5) (bm) 2. of the statutes is amended to read:
SB357,66,32
48.685
(5) (bm) 2. A violation of
s. 940.19 (3), 1997 stats., or of s. 940.19 (2),
(3), 3(4), (5) or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person.
SB357, s. 98
4Section
98. 48.685 (5) (bm) 3. of the statutes is amended to read:
SB357,66,75
48.685
(5) (bm) 3. A violation of
s. 943.23 (1m) or (1r), 1997 stats., or of s. 940.01,
6940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2) or (3), 940.23, 940.305, 940.31,
7941.20 (2) or (3), 941.21, 943.10 (2), 943.23 (1g)
, (1m) or (1r) or 943.32 (2).
SB357, s. 99
8Section
99. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB357,66,129
48.685
(5) (bm) 4. A violation of
s. 940.19 (3), 1997 stats., or of s. 940.19 (2),
(3), 10(4), (5) or (6), 940.20, 940.203, 940.205 or 940.207 or an offense under ch. 961 that
11is a felony, if committed not more than 5 years before the date of the investigation
12under sub. (2) (am).
SB357,66,1715
49.127
(8) (a) 2. If the value of the food coupons exceeds $100, but is less than
16$5,000, a person who violates this section
may be fined not more than $10,000 or
17imprisoned for not more than 7 years and 6 months or both is guilty of a Class I felony.
SB357,66,2320
49.127
(8) (b) 2. If the value of the food coupons exceeds $100, but is less than
21$5,000, a person who violates this section
may be fined not more than $10,000 or
22imprisoned for not more than 7 years and 6 months or both is guilty of a Class H
23felony.
SB357,67,3
149.127
(8) (c) For any offense under this section, if the value of the food coupons
2is $5,000 or more, a person who violates this section
may be fined not more than
3$250,000 or imprisoned for not more than 30 years or both is guilty of a Class G felony.
SB357,67,96
49.141
(7) (a) A person who is convicted of violating sub. (6) in connection with
7the furnishing by that person of items or services for which payment is or may be
8made under Wisconsin works
may be fined not more than $25,000 or imprisoned for
9not more than 7 years and 6 months or both is guilty of a Class H felony.
SB357,67,1412
49.141
(7) (b) A person, other than a person under par. (a), who is convicted of
13violating sub. (6) may be fined not more than $10,000 or imprisoned for not more than
142 years 9 months or both.
SB357,67,2517
49.141
(9) (a) Whoever solicits or receives any remuneration in cash or in-kind,
18in return for referring an individual to a person for the furnishing or arranging for
19the furnishing of any item or service for which payment may be made in whole or in
20part under Wisconsin works, or in return for purchasing, leasing, ordering, or
21arranging for or recommending purchasing, leasing, or ordering any good, facility,
22service, or item for which payment may be made in whole or in part under Wisconsin
23works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
24specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
25imprisoned for not more than 7 years and 6 months or both.
SB357,68,113
49.141
(9) (b) Whoever offers or pays any remuneration in cash or in-kind to
4any person to induce the person to refer an individual to a person for the furnishing
5or arranging for the furnishing of any item or service for which payment may be made
6in whole or in part under Wisconsin works, or to purchase, lease, order, or arrange
7for or recommend purchasing, leasing, or ordering any good, facility, service or item
8for which payment may be made in whole or in part under any provision of Wisconsin
9works,
is guilty of a Class H felony, except that, notwithstanding the maximum fine
10specified in s. 939.50 (3) (h), the person may be fined not more than $25,000
or
11imprisoned for not more than 7 years and 6 months or both.
SB357,68,1714
49.141
(10) (b) A person who violates this subsection
is guilty of a Class H
15felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
16the person may be fined not more than $25,000
or imprisoned for not more than 7
17years and 6 months or both.
SB357,69,220
49.49
(1) (b) 1. In the case of such a statement, representation, concealment,
21failure, or conversion by any person in connection with the furnishing by that person
22of items or services for which medical assistance is or may be made, a person
23convicted of violating this subsection
is guilty of a Class H felony, except that,
24notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
1fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
2or both.
SB357,69,155
49.49
(2) (a)
Solicitation or receipt of remuneration. Any person who solicits
6or receives any remuneration, including any kickback, bribe, or rebate, directly or
7indirectly, overtly or covertly, in cash or in kind, in return for referring an individual
8to a person for the furnishing or arranging for the furnishing of any item or service
9for which payment may be made in whole or in part under a medical assistance
10program, or in return for purchasing, leasing, ordering, or arranging for or
11recommending purchasing, leasing, or ordering any good, facility, service, or item for
12which payment may be made in whole or in part under a medical assistance program,
13is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
14in s. 939.50 (3) (h), the person may be fined not more than $25,000
or imprisoned for
15not more than 7 years and 6 months or both.
SB357,70,318
49.49
(2) (b)
Offer or payment of remuneration. Whoever offers or pays any
19remuneration including any kickback, bribe, or rebate directly or indirectly, overtly
20or covertly, in cash or in kind to any person to induce such person to refer an
21individual to a person for the furnishing or arranging for the furnishing of any item
22or service for which payment may be made in whole or in part under a medical
23assistance program, or to purchase, lease, order, or arrange for or recommend
24purchasing, leasing, or ordering any good, facility, service or item for which payment
25may be made in whole or in part under a medical assistance program,
is guilty of a
1Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50
2(3) (h), the person may be fined not more than $25,000
or imprisoned for not more
3than 7 years and 6 months or both.
SB357,70,156
49.49
(3) Fraudulent certification of facilities. No person may knowingly
7and wilfully make or cause to be made, or induce or seek to induce the making of, any
8false statement or representation of a material fact with respect to the conditions or
9operation of any institution or facility in order that such institution or facility may
10qualify either upon initial certification or upon recertification as a hospital, skilled
11nursing facility, intermediate care facility, or home health agency.
Violators of A
12person who violates this subsection
is guilty of a Class H felony, except that,
13notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
14fined not more than $25,000
or imprisoned for not more than 7 years and 6 months
15or both.
SB357,70,2118
49.49
(3m) (b) A person who violates this subsection
is guilty of a Class H
19felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
20the person may be fined not more than $25,000
or imprisoned for not more than 7
21years and 6 months or both.
SB357,71,224
49.49
(4) (b) A person who violates this subsection
is guilty of a Class H felony,
25except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
1person may be fined not more than $25,000
or imprisoned for not more than 7 years
2and 6 months or both.
SB357, s. 114
3Section
114. 49.688 of the statutes is created to read:
SB357,71,5
449.688 Prescription drug assistance for elderly persons. (1) In this
5section:
SB357,71,66
(a) "Brand name" has the meaning given in s. 450.12 (1) (a).
SB357,71,77
(b) "Generic name" has the meaning given in s. 450.12 (1) (b).
SB357,71,98
(c) "Gross income" means all income, from whatever source derived and in
9whatever form realized, whether in money, property or services.
SB357,71,1010
(d) "Prescription drug" has the meaning given in s. 450.01 (20).
SB357,71,21
11(2) From the appropriations under s. 20.435 (4) (bv) and (j), beginning April 1,
122001, the department shall reimburse pharmacists for the provision of up to $10,000
13per year of prescription drugs that correspond to those prescription drugs for which
14reimbursement is made under s. 49.46 (2) (b) 6. h. and for which the manufacturer
15has entered into a rebate agreement with the department under sub. (5), to a person
16who meets criteria for eligibility under sub. (3). The department is the payer of last
17resort for coverage for prescription drugs under this subsection. The payment rate
18for provider reimbursement shall be the allowable charges paid under s. 49.46 (2) (b)
196. h. for prescription drugs. The department shall maintain, or contract for the
20maintenance of, a toll-free telephone number at department headquarters to
21provide information about participation in the program under this subsection.
SB357,71,23
22(3) (a) An individual is eligible for participation in the program under sub. (2)
23if the individual meets all of the following requirements:
SB357,72,3
11. The individual is at least 65 years of age, is a resident, as defined in s. 27.01
2(10) (a), of this state and is ineligible for medical assistance under s. 49.46, 49.465,
349.468 or 49.47.
SB357,72,64
2. If single, the individual's gross income does not exceed $50,000 or, if married,
5the couple's gross income does not exceed $75,000. These limitations shall be
6annually adjusted as specified in sub. (4).
SB357,72,77
(b) Program participants shall pay all of the following:
SB357,72,98
1. Twenty-five percent of the allowable charge paid under s. 49.46 (2) (b) 6. h.
9for each prescription drug provided under the program.
SB357,72,1110
2. A copayment of $5 for each prescription drug provided under the program
11that bears only a generic name.
SB357,72,1312
3. A copayment of $10 for each prescription drug provided under the program
13that bears a brand name.
SB357,72,1514
(c) No program participant may be required to demonstrate that he or she has
15no disability insurance policy, as defined in s. 632.895 (1) (a).
SB357,72,22
16(4) Beginning by January 1, 2002, the department shall annually by January
171 increase the dollar amounts specified under sub. (3) (a) 2. by a percentage equal to
18the percentage change between the U.S. consumer price index for all urban
19consumers, U.S. city average, for the month of December of the previous year and the
20U.S. consumer price index for all urban consumers, U.S. city average,for the month
21of December of the year before the previous year, as determined by the federal
22department of labor.
SB357,73,2
23(5) A drug manufacturer that sells drugs for prescribed use in this state shall,
24as a condition of inclusion of those drugs in the program under this section, enter
25with the department into a rebate agreement that is modeled on the rebate
1agreement specified under
42 USC 1396r-8. The rebate agreement shall include all
2of the following as requirements:
SB357,73,43
(a) That the manufacturer shall make rebate payments to the department each
4calendar quarter or according to a schedule established by the department.
SB357,73,65
(b) That the amount of the rebate payment shall be determined by the method
6specified in
42 USC 1396r-8 (c).
SB357,73,119
49.95
(1) (intro.) Any person who, with intent to secure public assistance under
10this chapter, whether for himself or herself or for some other person, wilfully makes
11any false representations
may, if is subject to the following penalties:
SB357,73,13
12(a) If the value of the assistance so secured does not exceed $300,
the person
13may be required to forfeit not more than $1,000
; if.
SB357,73,16
14(b) If the value of the assistance exceeds $300 but does not exceed $1,000,
the
15person may be fined not more than $250 or imprisoned for not more than 6 months
16or both
; if.
SB357,73,19
17(c) If the value of the assistance exceeds $1,000 but does not exceed
$2,500, 18$2,000, the person may be fined not more than
$500 $10,000 or imprisoned for not
19more than
7 years and 6 9 months or both
; and if.
SB357,73,22
20(d) If the value of the assistance exceeds
$2,500, be punished as prescribed
21under s. 943.20 (3) (c) $2,000 but does not exceed $5,000, the person is guilty of a
22Class I felony.
SB357, s. 116
23Section
116. 49.95 (1) (e) and (f) of the statutes are created to read:
SB357,73,2524
49.95
(1) (e) If the value of the assistance exceeds $5,000 but does not exceed
25$10,000, the person is guilty of a Class H felony.
SB357,74,2
1(f) If the value of the assistance exceeds $10,000, the person is guilty of a Class
2G felony.
SB357,74,85
51.15
(12) Penalty. Whoever signs a statement under sub. (4), (5) or (10)
6knowing the information contained therein to be false
may be fined not more than
7$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
8Class H felony.
SB357, s. 118
9Section
118. 51.423 (1) of the statutes is amended to read:
SB357,74,2110
51.423
(1) The department shall fund, within the limits of the department's
11allocation for mental health services under s. 20.435 (3) (o) and (7) (b),
(ba), (bb), (kw)
12and (o) and subject to this section, services for mental illness, developmental
13disability, alcoholism and drug abuse to meet standards of service quality and
14accessibility. The department's primary responsibility is to guarantee that county
15departments established under either s. 51.42 or 51.437 receive a reasonably
16uniform minimum level of funding and its secondary responsibility is to fund
17programs which meet exceptional community needs or provide specialized or
18innovative services. Moneys appropriated under s. 20.435 (7) (b)
, (ba) and (bb) and
19earmarked by the department for mental health services under s. 20.435 (7) (o) shall
20be allocated by the department to county departments under s. 51.42 or 51.437 in the
21manner set forth in this section.
SB357,75,1624
51.423
(2) From the appropriations under s. 20.435 (3) (o) and (7) (b),
(ba), (bb), 25(kw) and (o), the department shall distribute the funding for services provided or
1purchased by county departments under s. 46.23, 51.42 or 51.437 to such county
2departments as provided under s. 46.40. County matching funds are required for the
3distributions under s. 46.40 (2)
, (2g) and (9) (b). Each county's required match for the
4distributions under s. 46.40 (2) and (2g) for a year equals 9.89% of the total of the
5county's distributions under s. 46.40 (2) and (2g) for that year for which matching
6funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985
7stats., to spend for juvenile delinquency-related services from its distribution for
81987. Each county's required match for the distribution under s. 46.40 (9) (b) for a
9year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for
10that year. Matching funds may be from county tax levies, federal and state revenue
11sharing funds or private donations to the counties that meet the requirements
12specified in sub. (5). Private donations may not exceed 25% of the total county match.
13If the county match is less than the amount required to generate the full amount of
14state and federal funds distributed for this period, the decrease in the amount of state
15and federal funds equals the difference between the required and the actual amount
16of county matching funds.
SB357, s. 120
17Section
120. 51.423 (4) of the statutes is amended to read:
SB357,75,2018
51.423
(4) The department shall prorate the amount allocated to any county
19department under sub. (2) to reflect actual federal funds available
and the amount
20from the appropriation under s. 20.435 (7) (bb) available.